I-601 Waiver?

[stunna54 0]

Just an update, wife and I went to the consulate in Montreal Friday for our interview, because my wife overstayed she's got to request a waiver. She did enter legally but overstayed that Visa by more than a year...we were married while she was in the country illegally.....what are the chances this waiver will be approved? I know if she entered illegally the chances are quite small, but not sure if the fact that she did enter on a legal visa will enhance those odds....

Thanks in advance for the help!

[Boiler 43,426]

With a reasonably well prepared waiver, the vast majority are approved.

[Hypnos 6,576]

Although you would need to show why it would be a hardship to you, not her, if she were not (re-)admitted to the US.

[NikLR 13,220]

~~moved to waivers and AP from CR1/IR1 process and procedures~~

[Srubioperez 4]

My husband entered Illegally without a visa and stayed here for over 7 years before we began the process and we too had to apply for a waiver.You must show proof of why you can't GO with her to her home country AND why you can't stay here without her.Ours was approved in 2 months no problems.Just make a table of contents,include pictures and letters from anyone else i.e family members that can help your case.Explain yourself well.As long as she doesn't have any criminal history other than entering illegally she should be approved as long as you make your case well.GOOD LUCK!

[mrskvelasco 30]

If you prepare a good waiver with LOTS of evidence of your hardships (ie, why you can't move there and why you need her here), then your chances are pretty high that the waiver will be approved

Edited April 1, 2015 by mrskvelasco

[RLR1838 0]

Does anyone who has gone through this process know how long it takes ?

My fiancee went for his K-1 interview on March 31st and was denied, then told we needed to do the I-601 and I-212.

I am meeting with an atty on Monday, but have no idea how long this process takes.

We are both devastated. We had a beach wedding planned for May 30th. He has already been in Peru for much longer than expected. ( 18 months )

We are both anxious to get this part of our lives over with.

[Hypnos 6,576]

~3-6 months. Make no plans that cannot be cancelled with a full refund. May is likely unrealistic, unfortunately.

[Srubioperez 4]

Ours was approved in less than 2 months when USCIS said the estimated time is 4 months.No guarantee though.Check USCIS.gov for the processing times and make sure your application is complete!

[RLR1838 0]

Thank you so much for your input.

THe May 30th wedding date was actually planned before we knew that he was denied. We had NEVER thought the visa would be denied.

I am certain the attorney will make sure the application is complete.

I am hopeful we will be together before the end of the year.